The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021

Statutory Instruments

2021 No. 1323

Public Health, England

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021

Made

at 11.45 a.m. on 26th November 2021

Coming into force

at 12 noon on 26th November 2021

Laid before Parliament

29th November 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021.

(2) These Regulations come into force at 12 noon on 26th November 2021.

(3) These Regulations extend to England and Wales and apply in relation to England only.

(4) In these Regulations, “the principal Regulations” means the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021(2).

Amendments to the principal Regulations

2.—(1) The principal Regulations are amended as follows.

(2) In Schedule 3 (Category 3 countries and territories), for the existing words, substitute—

• “Botswana

• Eswatini

• Lesotho

• Namibia

• South Africa

• Zimbabwe”.

(3) In Schedule 11—

(a) in paragraph 8—

(i) renumber the existing text as sub-paragraph (1);

(ii) in sub-paragraph (1)(a), as so renumbered, at the end, insert “or, if paragraph 8A applies, arrangements to stay in a private residence or other place where P is able to self-isolate (“self-arranged accommodation”)”;

(iii) after sub-paragraph (1), insert—

“(2) A reference in this Schedule to designated accommodation includes a reference to self-arranged accommodation referred to in sub-paragraph (1)(a).”;

(b) after paragraph 8, insert—

“8A.   This paragraph applies where P arrives in England between 12 noon on 26th November 2021 and 4 a.m. on 28th November 2021—

(a) from a category 3 country or territory, or

(b) having at any time in the period beginning with the 10th day before the date of P’s arrival in England departed from or transited through a category 3 country or territory.”;

(c) in paragraph 14—

(i) renumber the existing text as sub-paragraph (1);

(ii) in sub-paragraph (1), as so renumbered, after “this Schedule” insert “, subject to sub-paragraph (2),”;

(iii) after sub-paragraph (1), insert—

“(2) Where paragraph 8A applies, and P is staying in self-arranged accommodation referred to in paragraph 8(1)(a), if no other person is residing in the self-arranged accommodation with P apart from a person—

(a) with whom P was travelling when P arrived in England who is also self-isolating in that accommodation, or

(b) a person who is required to self-isolate with P in accordance with paragraph 18B,

the place referred to in paragraphs 8 to 13 is to be treated as including the whole of the self-arranged accommodation.”;

(d) in paragraph 18(1A), in the opening words, insert at the end “or where paragraph 8A applies and P is self-isolating in self-arranged accommodation referred to in paragraph 8(1)(a)”;

(e) in paragraph 18B(1), if paragraph 8A applies, paragraph (a) is to be treated as if it were omitted.

(4) In Schedule 13 (Prohibition on the arrival of aircraft and vessels into England)—

(a) in paragraph 2, after sub-paragraph (2), insert—

“(3) Sub-paragraph (2)(d) does not apply in the period starting at 12 noon on 26th November 2021 and ending at 4 a.m. on 28th November 2021.”;

(b) in paragraph 4, after the opening words, insert—

• “Botswana

• Eswatini

• Lesotho

• Namibia

• South Africa

• Zimbabwe”.

Transitional and saving provision

3.  In relation to any person who arrived in England before the coming into force of an amendment made by these Regulations, the principal Regulations apply as if that amendment had not been made.

Sajid Javid

Secretary of State,

Department of Health and Social Care

At 11.45 a.m. on 26th November 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582). They add six counties to the list of Category 3 countries and territories in Schedule 3, and amend Schedule 13 to prevent aircraft from those countries and territories arriving the England except in limited circumstances. They also permit those people arriving from a category 3 country or territory between 12 noon on Friday 26th November 2021 and 4 a.m. on Sunday 28th November 2021 to self-isolate in their homes or other suitable places as though they were in accommodation designated by the Secretary of State, and require any other person staying in that accommodation to self-isolate with them.

An impact assessment has not been produced for this instrument. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

(2)

S.I. 2021/582, amended by S.I. 2021/589, 670, 682, 731, 766, 795, 865, 914, 923, 966, 974, 1003, 1033, 1066, 1107, 1130, 1155, 1179, 1210, 1213 and 1289.